Gender Roles in “Their Eyes Were Watching God” Essay

During the 1900’s, women, specifically black women, were considered to be property of men in the United States, especially down south, in states such as Florida and Georgia. Legally, women had no voice. For example, if a woman was abused by her husband, the court system would not acknowledge it even if it did really happen. In the article â€Å"Sexism in the Early 1900’s†, Becca Woltemath states that â€Å"†¦a woman’s job is to take care of the house and to bear children. She’s no good for anything else. She’s just a simple thinker.† Women were forced into submission and there was nothing they could do about it. In the novel Their Eyes Were Watching God, Zora Neale Hurston shows the issue of gender roles through the story of a young woman named Janie, who struggles through an arranged marriage. Through multiple characters, as well as the plot, sexism comes to the surface. As soon as the novel begins, it is evident the roles of men and women play a very big part in this novel: â€Å"Ships at a distance have every man’s wish on board. For some they come in with the tide. For others they sail forever†¦Now, women forget all those things they don’t want to remember, and remember everything they don’t want to forget† (Hurston 1). In this opening paragraph of Their Eyes Were Watching God, Hurston compares the wishes and dreams of men and women in a particularly interesting way. By using the sea as a symbol, she is saying that men can never really control their dreams, just wait for them to come true. While women on the other hand, can take their dreams into their own hands, molding them as they see fit. Making this comparison establishes the theme of gender difference throughout the novel, and ultimately foreshadows the fact that Janie is going to struggle, yet will stop at nothing to achieve what she sets her mind to. After first setting the tone, Nanny is introduced. Her traditional values of womanly roles such as cooking and cleaning lead us to believe that Janie will be the same way. But when Janie kisses Johnny Taylor, her view of men changes after seeing â€Å"a dust-bearing bee sink into the sanctum of a bloom; the thousand sister-calyxes arch to meet the love embrace and the ecstatic shiver of the tree from root to tiniest branch creaming in every blossom and frothing with delight. So this was a marriage! She had been summoned to  behold a revelation† (Hurston 11). This paragraph is one of the most important, if not the most, in the whole book. Comparing love to the relationship between a bee and its flower, Janie suddenly craves, love, passion, and above all, someone she can consider her equal. Unfortunately, though, equality was a foreign concept during this time period. Men were seen as â€Å"all-powerful†, considered the sole providers and the only ones allowed to hold any sort of office or high-status job. Women, on the other hand, were the complete opposite. In an article written by Dorothy W. Hartman, a historian, she states: Women’s God-given role, it stated, was as wife and mother, keeper of the household â€Å"Women’s God-given role, it stated, was as wife and mother, keeper of the household†¦Ã¢â‚¬  Many people, including blacks, believed in this sort of household: the men being on top, with the women considered far inferior. In Janie’s first relationship, it is clear this is not the equality she has hoped for. Logan Killicks- an elderly, black man her grandmother has arranged for her to marry- treats Janie like a servant and not like a wife at all. There is no love present, and every day is a chore. Even though Nanny knows Janie is not happy, she insists the marriage is a good one: â€Å"’Heah yo is wid de onliest organ in town, amonst colored folks, in yo’ parlow. Got a house bought and paid for and sixty acres uh land right on de big road†¦Lawd have mussy! Dat’s de very prong all us black women gits hung on’† (Hurston 23). In Nanny’s speech, Hurston is trying to emphasize that the female’s only role is to marry and look good, and let the man do all the work. Also in her article, Hartman says that â€Å"†¦due to the fact that the man was almost always working, little room was left to develop a connection between husband and wife; love was a foreign concept.†, which describes what Janie and Logan have together exactly. Despite being given all she should want, Janie seeks more. When Joe â€Å"Jody† Starks appears out of nowhere, Janie feels like her dreams have finally come true. But after a while, the marriage turns out to be little more than the stint with Killicks. Starks, like Killicks, treats her as property and not as someone he actually loves. One example is how Jody makes Janie put her hair up in a wrap while working in the store, rather  than leave it down. Another is when he publicly criticizes her appearance, saying she is starting to show her age, when he is clearly at least ten years older: â€Å"’ You ain’t no young courtin’ gal. You’se uh old woman, nearly fourty’† (Hurston 79). Joe feels the need to tear down Janie, in order to make himself feel more important, which was an important part of being a man during this time. By reading the novel Their Eyes Were Watching God by Zora Neale Hurston, one could immediately pick up on the difference gender played during the late 1800’s and into the early 1900’s. While women were expected to stay at home and clean and take care of children, men worked to provide for their families and were considered far superior. While these prejudices have slowly gotten better over time, most of them still exist to a small extent in today’s society. Through the characters’ attitudes and narratives, especially Janie’s relationships, and the society’s feelings as a whole, Their Eyes Were Watching God clearly displays the social issues of sexism and gender roles. Works Cited Hartman, Dorothy W. â€Å"Women’s Roles in the Late 19th Century.† Conner Prairie Interactive History Park. Conner Prairie, n.d. Web. 24 Mar. 2013. Hurston, Zora Neale. Their Eyes Were Watching God. New York: Perennial Library, 1990. Print. Woltemath, Becca. â€Å"Sexism in the Early 1900s.†Worldbook Encyclopedia. Worldbook, 11 Dec. 2012. Web. 29 Jan. 2013.

The Relationship Between Team Working and Motivation

In order to find out the relationship between â€Å"Team working† and â€Å"Motivation†, understanding each of them might be necessarily important. To begin with, â€Å"Team working† in business term means a groups of individual pulling together function as a team in order to archive goals or targets that them planed at the beginning. In a team-oriented environment, usually have different people & personality. which means there are opinion toward different direction, disputes will be appear most of the time, turning those different angle point of view into meaningful solution is a major part for a successful team. After that, move along to â€Å"Motivation†, it is the driving force by which we accomplish our aim, it doesn’t necessarily be a team and as each individual got different needs, related to â€Å"Maslow’s Hierarchy of needs†. â€Å"Motivation† is divide to be intrinsic and extrinsic, the basic concept is refers to â€Å"Motivation† that is driven by an interest or enjoyment in the task itself or comes from outside of the individual such as money. Nowadays, most of the firms in all kind of industrial workplace request to building the team, working as a team, â€Å"Team building skills† are critical for effectiveness as a manager or entrepreneur, and because it could lead to productivity, therefore, â€Å"Motivation† skills has to apply to those day to day teams, intrinsically by given positive satisfaction, arising from intrinsic conditions of the job itself, such as recognition, achievement, or personal growth; extrinsic to the work itself, and include aspects such as company policies, supervisory practices or wages. For example, In a clothing buying office, the manager would give those more important brands to the most productive team of merchandisers, not just to making sure the productivity, also making employee feel prod of their own jobs. This is called goal setting, In a company should always more than one team but only one product or project make the highest profit, therefore healthy competition will developed, base on theory y, subordinate will find it became more challenging, every team member aiming at the same achievement, less disputes and more recognition and responsibility should appear. Further more, rewards system in â€Å"Motivation† should be positive to apply into business in order to reinforce behavior, not just actual salary, it could be commission or holiday trip, by sharing the company’s profit to the employee can also boost their â€Å"Motivation†. If the company are dealing with theory x of people at work, reward system might not be very effective to them, in this case the threat of punishment must exist, because in a team-oriented environment, if one of the team member is avoiding work, it could pull down the entire team, which means decrease the productivity and cutting off profits. To conclude with, it can be seen that â€Å"Team working† and â€Å"Motivation† are likely to be in a complementary relationship; the â€Å"Team working†Ã¢â‚¬â„¢s effectiveness rely on â€Å"Motivation†. It could also lead to psychological contracts, as its always between manger and subordinate, the concept of ego and expectation of other’s are both significant to both â€Å"Team working† and â€Å"Motivation†. Leader has to understand what are they capable with; Team members has to understand why the team create for, in an other word the expectation has to be clear and communicate its expectation might considerable as well.

Astronomy Frontier paper Research Example | Topics and Well Written Essays - 1500 words

Astronomy Frontier - Research Paper Example Recent discoveries by the astronomers illustrate that BHs are the major partner to expand the galaxies. Before finding the activities of black holes, it is necessary to mention here the size and shape of BHs. A black hole is observed by three factors: All these three factors, mass, gravity and emission of radiations, are responsible to generate accretion. McClintock is of the opinion that this is common notion among the astronomers that accretion is one of the main originators of the universe. The accretion disks have powerful influence on galaxy. The energy, produced by the motion of accretion disc around black hole, generates stars development, builds or destroys galaxy structure, and reloads the large amount of elements which has a constructive engagement for planet construction. There is a great question, partially answered, that â€Å"what is the actual relationship between galaxy and black hole?† â€Å"Why are the black holes necessary for galaxy?† â€Å"Why do galaxies generate the black holes in it?† The astronomers have discovered that early galaxies (about 4 galaxies) were 30 times large to black holes in them. But every galaxy has black hole in center so it has been concluded that the black hole generates stars around it and then galaxy breeds (Cattaneo and Best 518–523). Practically, almost all the big galaxies congregate a BH in it. The black holes vary in size and mass. It can be in millions of cosmological masses. As the mass and quantity of black holes increase the galaxy gains a great change in it. The activities of accretion discs enable galactic nuclei to gain the heat and eject the heavy gases from it. Jeffrey E. McClintock, Ph.D., Senior Astrophysicist, Smithsonian Astrophysical Observatory, says: â€Å"There is strong evidence that a supermassive black hole lies at the center of the Milky Way. Astronomers believe this black hole is a radio-wave source known as Sagittarius A* (SgrA*). The

Adversarial vs Inquisitorial Essay Example | Topics and Well Written Essays - 2000 words

Adversarial vs Inquisitorial - Essay Example The debate constitutes finding out the guilt or innocence of a party in the case. Somehow, the adversarial system entails few merits and disadvantages as well. The first of the two advantages is that the judge reserves the right to comment until the two parties exhaust their arguments on presented evidence. The second advantage is that such an opportunity accorded to the judge makes his or her role appear neutral. The system requires the judge to preserve judgement until after completion of scrutiny of evidence. Brooks identifies demerits including among others the process of gathering evidence is a responsibility of the two parties in the case. In most cases, they are not equal. Similarly, the two parties in the case only present evidence favourable to the case they hold. The inquisitorial system of justice is the commonest procedure of approach in many civil jurisdictions. The system involves the judge in preparing evidence along with the support of the police. The judge also plays a role in determining ways through which the case would appear in court. The legal jargon for the prosecutor is then Crown. The definition leads to the Crown representing the people of Canada. On the other hand, the defence lawyer is the advocate for the accused. The function of the judge should centre on finding the truth by perusing presented evidence proving either the innocence or guilt of one of the parties. As opposed to being a referee and an arbiter like in the adversarial system, the judge in the inquisitorial system takes the roles of both the prosecutor and judge. Over the past few years, other countries applying the adversarial system continue to make greater steps compared to Canada in incorporating inquisitors into their systems. Other countries in Europe including France apply the inquisitorial system. The system tackles the determination of guilt or innocence in a different manner. Because, other users continue to incorporate inquisitors is reason enough

Investment Recommendation and Bond or Note Valuation Speech Presentation

Investment Recommendation and Bond Note Valuation - Speech or Presentation Example All investment alternatives apart from investment 5 have a positive net present value. This means that they are viable options for investment. However investment alternative has more attractive benefits in form of large amount of return for the five years at a minimal risk involved with an expectation of huge savings to be made for fifteen years. The owner of the supplier firm has indicated that he would be willing to sell his business for $500,000. I expect this â€Å"vertical integration† of the company to result in reduced material costs totaling $75,000 annually for the next 15 years. I do not expect these savings to continue after 15 years. The cost of the low-emission (replacement) equipment is $50,000 for each of the company’s two existing production lines, totaling $100,000 if the company installed the equipment in both production lines. While the company must comply with certain EPA regulations limiting release of certain pollutants into the atmosphere, based on relevant emission measurements made by the company, those regulations do not presently require the company to install the new equipment. There do not appear to be additional revenue or cost savings that the new equipment will generate. A land broker has indicated that she expects future economic development in the community where the land is located to lead to substantial appreciation in the land’s value over the next decade. The cost of the land is $200,000. While management does not expect to develop the land for use in the company’s operations, I estimate the value of the land will appreciate by approximately 11.25 percent annually during the next five years to $341,000. The largest bank serving the company’s local business community is currently offering an interest rate of 5.5 percent on three-year CDs. The bank pays interest on its CDs to depositors annually. The company’s investment policy limits deposits in any individual bank to a maximum of

Computer Security Assignment Example | Topics and Well Written Essays - 250 words - 2

Computer Security - Assignment Example are the computer viruses. Yet, the computers of unsuspecting email readers are still safe from them because these viruses are not like those standard spyware and viruses that affect them. In order to destabilize, harm and physically tear down the infrastructure of Iran’s uranium enrichment capacity, oil industries and other economic sectors, the viruses like flame were actually developed. The act of understood Chinese break-in of Google mail servers or Russian and Eastern European identity theft is possibly be observed as the act of dishonest civilians within the state but this virus are not like them. Instead it is clear that these specialized viruses are designed professionally and specifically made and positioned at the will of a national body. These viruses are surely not good for future at world stage as it is an indication of the beginning of a new type of warfare for which not a single country is truly prepared. (Hamilton,

Mohammed Ail Research Paper Example | Topics and Well Written Essays - 1500 words

Mohammed Ail - Research Paper Example He rose to fame even outside the boxing ring for his outspoken and brave behavior. When the government demanded of him to join the military in 1957 to fight in Vietnam he refused citing religious reasons. He said that he cannot fight until and unless it is justified through religious teachings. The US government did not recognize this excuse and arrested him for draft evasion charges. The American public shifted their perception about Ali after his conviction (Ezra, 2009). People turned sympathetic towards him and saw him as an inspiration. Due to this incident, he could not professionally box for four years at the prime time of his career. Later Ali’s appeal worked its way to the Supreme Court. He won the case in his favor. His court victory made him an icon for a generation that would reject forceful inclusion in the military or any action against their will. Finally in 1971 he returned to the ring. He won the world heavyweight championship title three times; 1964, 1974 and 1978. His career as a boxing legend involves historical matches with boxing greats like George Foreman and Joe Frazier. Muhammad Ali rose above his sport after mastering it (Remnick, 2011). Ali brought the game of boxing to a whole new level. With his charismatic personality, his sheer power in the ring and his butterfly movements he became an icon for the sports of boxing. Ali is an entertainer when it comes to interviews and TV shows. He is an outspoken personality and would love to talk about issues other than boxing. He was the first African-American athlete who would shout his pride of being from the black race. He stood firm against the white establishment. Ali was kept under surveillance by the FBI, and received the same treatment as Martin Luther King Jr. and Malcolm X (Remnick, 2011). He lived a high-profile life and move the masses. Ali was born in Louisville Kentucky. His father Cassius Marcellus Clay

Analyse a Brand Community of Your Choice Essay Example | Topics and Well Written Essays - 1000 words

Analyse a Brand Community of Your Choice - Essay Example Brand communities are termed as very complex and its members are often known to relate their personal identity with a brand community. Customer expectations and wants are largely characteristics of these brand communities (Wiegandt, 2009, p.15). The present study would try to analyse the aspect of brand communities and particularly the brand community of Apple. The choice of product assumes significance as it is one of the most renowned brands of the globe and has a high brand image and popularity. Brand Community Brand communities have several characteristic features with the most prominent being the aspect of awareness of a particular type. This includes the aspect of sharing a set of common faith and beliefs among the members of the group within the group i.e., homogenous within the group and heterogeneous outside the group (Ratneshwar & Mick, 2005, p.256).The discussions in brand communities normally involves discussion about the various aspects of only a particular brand. One of the online brand communities of Apple includes only aspects that are related to the brand. This includes advertisements and information about new products and company news. These do not contain any information about any brand other than Apple. The views and comments of the members are also essentially concentrated around the same aspect. This essentially is in tune with the aspect of homogeneity between the group members and heterogeneous with other groups. In this case the identity of the group members is masked by the identity of the brand and aspects relating to the brand assume greater importance (Schau & Muniz, 2002). Parsons & Maclaran (2009), state that one of the essential aspects and characteristic features of brand communities involve the instance of consumption based on collective traits. The example of the Apple brand and community is a very realistic example of this aspect. In the Apple community emphasis is only given on the common interests of the members of the bran d which in this case is the love and interest about Apple’s products and services as well as other relevant information that is related to the brand as a whole (Parsons & Maclaran, 2009, p.94). The aspect of ethical marketing is also closely linked with the brand communities. The importance of ethics in marketing activities has been rigorously researched in various academic and professional circles. The main goal of marketing activities is to increase the market share and marketers are known to use various means to do so. The era of competition has also increased the use of unethical aspects. Brand communities are an easy target for marketers considering their affinity towards a brand. However, ethical aspects need to be included so that the loyalty is maintained with the members of the community (Carrigan, Marinova & Szmigin, 2005, p.481-486). Apple’s marketing strategy is largely based on focussing upon the product and innovation associated with the products. The com pany does not try to go into sentimental issues and largely focuses on the product while promoting it in the market. These aspects go well with the communities of the brand that helps generate advantage for the organization. Brand communities

NOL Card - Change Management Case Research Paper

NOL Card - Change Management Case - Research Paper Example to work on their technology and infrastructure designed and facilities and for this cause working on roads, building, parking areas, buses, cars, taxi is highly important that needs to be taken care off. The government has given the responsibly to handle the working and operations of buses, roads, and parking areas to RTA. Not only this RTA is also responsible for the traffic signals, the rules and strategic planning of roads, buses, stations, etc in Dubai. NOL card is designed by RTA for using different modes of travelling and parking areas that are designed by RTA. RTA is consistently working to provide ease of travelling to their citizenship and to the people that travels and visits Dubai. For this cause, they have introduced different types of NOL card according to the need and preferences of the travelers. Not only this, but RTA has also introduced the Smart card that is more easy and reliable in use than other card and now RTA has also made agreements with the grocery markets a nd other stores and shopping outlets to use the NOL card for purchasing grocery items and others hopping items thus making the lives of their citizen’s more easy and comfortable. Road Transport Authority (RTA) was formed in November 2005 with the main responsibility of coming up with policies and strategies of transforming the transport system of Dubai. In an effort to achieve its objective RTA introduced the use of NOL cards in public transport system. This is a modern technology that uses a smart card to pay for public transport. These smart cards are of four types including red, silver, gold, and blue with each category tailor-made to fit certain category of clientele. The use of NOL card was recognized by the government as an important tool to modernize the transport sector to match international standards. This analysis used transformational part of Bruke-Litwin causal model of organization performance and change in order to identify the key elements that derived the need for

History 1311 Essay Example | Topics and Well Written Essays - 500 words

History 1311 - Essay Example The French later came to the new world with the intention of tracing a new route to the pacific ocean but instead ended up colonizing territories such as Quebec where they planted a variety of crops such as wheat and sugar for the home market. However, other European nations most notably England also put a stake in the new world. Their interest, like the Spanish was also both economic and political but the settlers had a more comprehensive list of reasons for exploration. Many of them were escaping the collapsing feudal system that had resulted in rural-urban migration and consequently abject poverty. Others were escaping political instability and hoping to make a fresh start in the colonies. The British throne used the new world a place to dump their unwanted populations; it was common for criminals to be exiled to the new lands. However, with time as the mercantile culture spread in the British lord realized how important the new land could be as a colony where they could grow food for export back home and to their increasing territories around the world. They encouraged settlements and after a time they took over, eventually colonized, and occupied America until they were finally driven out in the 18th century when American seized her independence. In 1787, Delegates met in Philadelphia to write a new constitution, which was to replace the articles of the confederation; the delegates wanted to create a constitution that would provide both liberty and order for the chaotic government given the size and diversity of the United States. The new constitution was written with the objective of forging a strong union between the various states as well as create a structure of power that could be checked by the people. Their experience with the British government had taught them of the dangers or a tyrannical government and they ensured to put up checks and balances so that the executive, legislature and

Interaction Theories Essay Example for Free

Interaction Theories Essay A. Compare and contrast two of the models or theories presented in this chapter considering their usefulness in practice, research, education and administration. For the purposes of this discussion, I have selected King’s Theory of Goal Attainment and Peplau’s Theory of Interpersonal Relations. On a broad perspective, both theories aim at explaining the interaction processes that happen between a nurse and her patient. Imogene King’s basic assumption of her theory is that the nurse and the client communicate information, set goals mutually, and act to attain those goals. The same can actually be said with Peplau’s theory wherein she states that nursing is an interpersonal process because it involves interaction between two or more individuals with a common goal, the attainment of which is achieved through the use of a series of steps, and that the nurse and patient work together so both become mature and knowledgeable in the process. A lot of similarities can be seen from both works as they try to explain the nursing process in a nurse-patient interaction level. see fig. 1) The concepts of person, health, environment and nursing are recurring themes on both theories as they attempt to integrate it with each of their own interaction models. The deviation between the two theories occur where the focus of their study lie in the current nursing practice. King focused on the major concept of interacting systems: Personal, interpersonal and social systems, and how the accuracy of determining which system is most applicable would lead to eventual tra nsaction. Because of the severity of her condition, the emergency room nurses attending for this particular patient immediately began taking actions to stabilize her condition, such as securing an IV line, drawing blood for labs, applying oxygen and doing an ECG all at the same time. When asked by a nurse to take her ordered dose of aspirin the patient fearfully verbalized, â€Å"What are you doing to me? † Soon after, when the patient’s condition did not significantly improve but got worse, the physician advised the husband that patient be brought to the cardiac catheterization laboratory for an angiogram. The client was adamant that she did not want to take drastic measures, but the husband indicated that he wanted whatever was necessary to improve his wife’s condition. This is an excellent example of a client losing the sense of self-hood. In regard to the concept of self, King (1981) stated â€Å"If nurses and other professionals interact with patients or clients as human beings, and let the individuals be themselves, nurses and patients would help each other grow in self-awareness and in understanding of human behavior, especially in stressful life experiences. † In an environment that requires one to be reactive and responsive, clients often perceive nurses as being too busy or too hurried. King (1981) encouraged nurses to be aware of how they present themselves to their clients because the manner in which nurses enter a client’s room sets the tone for the entire encounter. Poor communication skills lead to poor transactions and interactions between the nurse and the client. Poor communication skills also affect goal setting and goal attainment (Williams, 2001). It is solely because of this perception that proper â€Å"scripting† with the patients has been constantly reiterated to all nursing personnel and including even the support staff. In stark contrast with the example presented above, here is a situation where King’s Theory of Goal Attainment was used in the emergency room setting. Patient ST, a 32-year old male trauma patient who went to the emergency room due to a traumatic amputation of an arm secondary to a motor vehicle accident. The assessment phase of the nursing process can take in the concepts associated with the personal system. Once the patient has been hemodynamically stabilized, the nurse’s attention is now focused on assisting the patient cope with the feelings of loss, separation and anger that he is experiencing. The patient’s feelings of perception, self body image, growth and development, time and space must be considered after doing the primary survey of airway, breathing and circulation. In fact, this is even specified in my institution’s â€Å"Emergency Room Nursing Database† in its attempts to fulfill the JCI requirements in documentation. Attempting to restore the patient’s self-esteem in the light of the traumatic loss is a mutually established goal between the nurse and the client. It is also important for the nurse to realize that the patient’s perceptual field is narrowed because of the pain and emotion that he is currently experiencing. King’s theory highlights the importance of the participation of the individuals in decision making and deals with the choices, alternatives, and outcomes of nursing care. The theory offers insight into the nurses’ interactions with the individuals and groups within the environment (Williams, 2001). Element of the theory of Imogene King is usually applied specifically in interpersonal and social systems. More often than not, the mode of interaction being used in the emergency department is a dyad (2 people interacting), where the perception of a patient is changed because of a communication that takes place providing education to a patient with knowledge deficit. Such an example occurs in ensuring a patient and its significant others’ compliance; if the patient does not understand the importance of a certain intervention or medication, cooperation and adherence will be very difficult to achieve. But once the nurse educates them with proper nurse-patient interaction and therapeutic communication, compliance and adherence to medical regimen can be achieved. King’s Goal Attainment Theory (Client-Centered Theory) is indeed what we are practicing in the daily routine of the hospital and in any other clinical setting. Giving the patient the pertinent information of what is going to happen or what is happening will lessen the patient’s anxiety that contributes to tachycardia, restlessness and give them a sense of control of the situation.

Why Play is Important for Children Essay Example for Free

Why Play is Important for Children Essay Children like to play, they need to run, chase, ride, skip and jump. The more they play, the more they want to play again. Play is important for Children because it practices their linguistic, cognitive and social skills and contributes to their general personality development. Children use their minds while playing, because they are thinking and acting as if they were another person. When they make such a transformation, they are taking a step forward abstract thinking in that they are freeing their thoughts from a focus on concrete objects. Play is also associated with creativity, especially the ability to be less literal and more flexible in ones thinking. Vygotskian who was a famous Russian psychologist wrote, In play a child always above his average age, above his daily behaviour; in play it is as though he were a head taller than himself. There are four types of play that reflect increasing levels of Childrens social interaction and sophistication. Solitary play is a play that takes place alone, often with toys, and is independent of what other children are doing. Parallel play involves children engaged in the same game or activity side by side but with very little interaction or common influence. Associative play is much like parallel play but with increased levels of interaction in terms of sharing, turn-taking and general interest in what others are doing. Cooperative play occurs when Children join and work together to achieve a common goal, such as building a large castle with each child building a part of the structure. Play have become quite indispensable to Childrens life, However, in order to motivate Children to learn from the games they are playing, Adults have responsibility to choose right playing method and age-appropriate games for the children. They are important elements to support the development of Childrens play. Types of Child’s Play Child’s play is seemingly limited only by imagination, but in general there are a few broad categories of child’s play that tend to cover the most common activities. Child’s play is often: * Quiet. These activities can often be conducted in one place, such as looking at books or working with blocks.  Children do not need great amounts of energy for quiet play and these activities are especially useful when a child is tired. * Creative. These activities allow a child to engage his/her imagination through painting, dancing, sculpting with clay and much more. Creative play allows children to come up with their own worlds, and many children enjoy being in charge of these activities. * Active. These activities require a good amount of energy and often help children develop their gross and fine motor skills. Playing with balls and climbing frames are examples of active child’s play. Cooperative. These activities involve more than one child. When children play with others and share their toys or take turns in an activity, they engage in cooperative play. * Dramatic/Role playing. Like creative play, children engage their imaginations during dramatic play or role playing and often take on the persona of a different character. Some dramatic play may take place with other children, though it might also include toys, dolls or even imaginary friends. Encouraging Child’s Play One of the most important things that a parent can do for their children is to be available for play. Activities that many parents enjoy doing with their children include: * Playing peek-a-boo with infants. * Singing silly songs and nursery rhymes with young children. * Reading to children of all ages. * Taking part in their children’s tea parties, school days or whatever other imaginary events they have dreamed up. * Dressing up in â€Å"costumes† and performing plays written and directed by their children. * Kicking or throwing a ball in the garden or park. * Playing â€Å"I spy† while out on walks or long drives. * Building towers of blocks or sand castles at the beach. For many parents, child’s play may seem lovely though relatively unimportant. If you find yourself wondering at the hours your child can spend engrossed in play, remember that (s)he is actually learning all about the world through these activities. Don’t wait for your child to invite you, join in and enjoy yourselves together! Learning through play Play helps young children to learn and develop their physical, social, emotional and intellectual skills through doing and talking, which research has shown to be the means by which young children learn to think. It is also how they learn to socialise as children engage in learning experiences with other children and adults. The Early Years Foundation Stage is a play based framework that childcare providers use as a tool to ensure that children from birth to five years are developing and learning to their full potential. Providers plan and provide a range of play activities, which help children to make progress in each of the key areas of learning and development identified by the framework: * Personal, social and emotional development. * Communication, language and literacy. Problem solving, reasoning and numeracy. * Knowledge and understanding of the world. * Physical development. * Creative development. There are lots of opportunities for you to help your child grow and learn. Parents can support their child’s development by choosing activities at home which gives them a chance to explore and use their imaginations. Visit our play activities page for ideas for fun activities for you and your child. The leaflet Learning Through Play contains further tips on how you can support your childs learning.

Islamic Law And Its Impact On Arbitration Of Ip Cases

Islamic Law And Its Impact On Arbitration Of Ip Cases Islamic Law And Its Impact On Arbitration Of Ip Cases In Middle East With Special Reference To Jordan Introduction The law of intellectual property is one of the areas of law that has emerged in Jordan relatively recently. The reasons for such late emergence of intellectual property law in Jordan are that there were no sufficient conditions for development of this area of law in this jurisdiction. Due to this fact, courts in Jordan were hardly able to decide such cases because of their complexity and lack of necessary skills and knowledge of judges in respected area of law. It is for this reason it seems that Jordanian legal practitioners saw the necessity of establishing courts which would adjudicate such cases. The law of intellectual property is one of the areas that pose several challenges to trade area, where sellers of unauthorized products or products which breach intellectual property rights are widespread. It is inevitable truth of most Arab countries and in this respect it seems that position of intellectual property legislation saw its goal. Some would ask: Why would Jordan need intellectual property law at all? It does not have such potential in order to enforce such complicated legislation and procedures. The answer lies in increasing importance of Jordan as a financial and trade center of Middle East, which would compete and challenge such centers as U.A.E. and Qatar. In order to ensure such position in market, Jordan, first, has to ensure that legislation is in harmony with international trade and financial legislation. Amidst them, intellectual property law, if not most important, but occupies significant place to such an extent that it has to increase awareness and skills in this area. Simultaneously, one of the important and flexible methods of alternative dispute resolution as arbitration has to play here crucial role. Arbitration is one of the areas of alternative dispute resolution, necessity of which has increased along with globalization of international trade. It has been seen as one of the areas which can significantly simplify international trade procedure without bringing unsolvable complexities into the business which has already gone into complexities. The arbitration of cases related to intellectual property is different and complicated matter, which cannot be explained with reference to arbitration of normal and common cases that emerge in the course of international or local trade. It requires lawyers which are not only fluent but also skilled in matters of IP law and practice. Such lawyers, the amount of which is few in Jordan, can be and should be trained in this area in order to ensure the integrity of arbitration procedures in IP cases. As a rule, majority of companies and lawyers cannot trust to state courts, which would consider intellectual property cases along with ordinary cases and are subject to inevitable error by doing incorrect analogies in decision of such cases. Usually parties which address their cases to state courts are usually unsatisfied not only with level of knowledge of judges in intellectual property cases but also with complexity of procedure. In this sense, one should realize the importance of arbitration methods for adjudication of intellectual property cases. Jordan, it seems, have realized the serious threat posed by this problem and have taken number of measures in order to respond to this challenges. One of the notable measures is certainly sending law students abroad in order to prepare future judges specialized on intellectual property disputes. This has been done effectively and majority of students are in prominent institutions which are really strong in this area of law. Second is creation of respective legislation in this area, yet there are some gaps which are inevitable and these gaps should be filled in order to harmonize Jordanian legislation in the field of arbitration and IP law. Jordan has examples to learn from and it is its closest neighbors such as U.A.E., Qatar and Bahrain. These countries have foremost skills and experience in these fields of law. It is not only explained by abundance of their experts but also rapid expansion of their economies and integration into the world economy. In this respect, Jordan is in more convenient position than other countries since even the culture of its neighbors is identical to Jordan. The similarity in culture and tradition is one of the factors that make harmonization of Jordanian IP legislation much easier and painless. Besides, the lack of experience and knowledge not only in IP law, but also in arbitration process in IP case makes Jordan vulnerable to the challenge posed by the legal world of these neighbors. It is for this reason; the necessity of this dissertation is realized. There is also Islamic factor that raises issue. Since Jordanian constitution recognizes Islam as a religion of state and due to historical circumstances when Islamic law dominated Jordan for centuries, it raises question: Has Islamic law influenced emergence and development of arbitration in Jordan as well as of intellectual property law? In this respect, Akhtar remarked: â€Å"there exist considerable variations in the Middle East on the incorporation and application of arbitration laws and the practice and procedure in enforcing arbitral awards, which are complicated further by the differing interaction between Sharia law and Western systems of law in each country†. Therefore, the major goal of this dissertation is to examine whether Islamic legal principles in fact had an impact on development of arbitration and intellectual property law in Jordan. It will be tested on the basis of case related to IP law decided in arbitration courts of Jordan. The importance of this topic is realized in the context of rising importance of Jordan as emerging economic and financial leader in Middle East. It is also realized due to the fact that Islamic law is a dominant system in contemporary Middle East. This dissertation consists of four parts: (i) first chapter briefly examines the basic tenets of Islamic law; (ii) second chapter briefly examines arbitration system in Jordan; (iii) third chapter briefly analyses intellectual property law in Jordan; and (iv) final chapter, an important one scrutinizes Jordanian intellectual property disputes arbitration for compliance with Islamic law. Overview Of Jordanian And Islamic Law Jordan is one of the countries in the world that inherited several features of different legislations at a time. One of the major influences was Ottoman legislation, since Jordan was under their dominancy for almost 700 years. In this respect, it can be said that it has been influence not only by Islamic law, which was the law of Ottoman empire but also by features of unique Ottoman law, which coexisted in one line with Islamic law. Legislation And Judicial System In Jordan Once Jordan became a subject of European colonization in 19 century, it inevitably embraced some features of European legislation. Yet, at present time, Jordanian legislation is surprising mixture of European and Islamic elements. The system of government in Jordan is parliamentary monarchy. Yet, it should be noted that monarchy in Jordan is almost absolute since all powers are vested in the King of Jordan who is considered to be direct descendant of Prophet Muhammad (S.A.V.) As in other countries of the world, the power in Jordan is divided into three branches, namely, legislative, executive and judicial. However, unlike other countries King may interfere within functioning of legislative power or other in order to ensure his absolute status. The constitution of Jordan openly declares Islam as the religion of state. However, upon the close examination of Jordanian legislation, one cannot call it Islamic state since it contains elements which are contrary to Islamic legal principles. Unlike Saudi constitution which declares Islam as a source of law, Jordan constitution declares Islam only as a religion of state. It is, however, not clear what it implies. Nonetheless, one can see the consequences of Islam being declared as a religion of state, in the legal system, where there is duality of courts. Jordanian courts are divided into secular and religious courts. While religious courts are not only Islamic but also ecclesial or Christian courts, which are free to decide family matters of their respective religious communities. The competence of religious courts, including Islamic, are not extended to the matters of commercial and administrative law. Therefore, matters pertaining to commercial or administrative law are decided in secular courts. Officially, Jordanian constitution declares that there are three types of courts: (i) civil courts; (ii) religious courts; and (iii) special courts. Yet, civil courts also hear criminal cases along with civil cases and cases of administrative field. Religious courts are divided into Islamic and courts of other non-Muslim communities. Both of them hear cases within scope of their competence. It is interesting that Sharia courts also hear cases which are related to the compensation of blood money where one of the parties are not Muslims. Compensation of blood-money, otherwise called diya, is one of the old features of Islamic criminal law and it is surprising that it is not in competence of secular courts but religious. The constitution does not define how special courts function, leaving this matter to the law. Yet, there are tribunals which are designed to interpret law and one of them is High Tribunal, the purpose of which to interpret constitution when required by government. It is also necessary to provide brief overview about Shari ‘a, which occupies significant position in Jordanian legislation. Sharia, otherwise called Islamic law, is one of the ancient systems of law that has been preserved since 7 century A.D. with some modifications. The sources of Sharia, according to Muslim belief, are Quran and Sunna. First being Holy Book of Islamic religion and second are traditions or precedents of Prophet of Islam. Besides, official Islamic dogma declares that Islamic jurisprudence functions according to four sources of law, Quran, Sunna, ijma and qiyas. Ijma, otherwise called consensus is being interpreted differently by four schools of Islamic law and same goes with qiyas, which is otherwise called analogy. Four schools of Islamic law that has emerged at different periods of time during first century of Islam, mainly diverge upon interpretation of major or secondary sources of Islamic law. Islamic law does not recognize freedom of contract and prohibits such elements of trade and economy as charging interest, fortuity and gambling. In order to comply with these principles, Islamic lawyers has developed certain methods and forms which would allow Muslim to operate in one or another way in business world. One of the remarkable features of new Islamic jurisprudence is creation of Islamic banking, which replaces interest with profit-and-loss sharing concept, Islamic insurance that operates in almost similar fashion and other new concepts as Islamic bonds, otherwise called sukkuk. As far as intellectual property concerned, Islamic law protects inviolability of property as well as its manifestations in different forms. The same applies to any form of intellectual property, be it trademark or invention. Arbitration in Islamic law is unique, since arbitration has been inherent to Arab culture and was called hakama. Hakams were arbitrators in ancient Arabia and judged according to Arab customs and traditions. Therefore, there is nothing new in arbitration which is not familiar to Islamic lawyers. In last century, the position of Islamic law in disputes that were decided in arbitration courts was widely ignored. It is evident from several cases. In Petroleum Development (Trucial Coasts) Ltd. V. Shaikh of Abu Dhabi, Lord Asquith, the arbitrator ironically observed: â€Å"†¦it would be fanciful to suggest that in this very primitive region there is any settled body of legal principles applicable to the construction of modern commercial instruments†. Another remark, done by arbitrator in Ruler of Qatar v. International Marine Oil Company Ltd., was bitterer and arrogant: â€Å"†¦I am satisfied that the [Islamic] law does not contain any principles which would be sufficient to interpret this particular contract†. Such excesses and bitter remarks were summed up and characterized in the following terms: â€Å"In general, the legal community throughout the Arab world is still manifesting its hostility to transnational arbitration mainly as a result of the great publicity devoted to the criticism of certain unfortunate arbitral awards rendered as of 1951 by western arbitrators who excluded, with terms of a humiliating nature, the application of the national applicable legal systems of countries like Abu Dhabi or Qatar†. It should be also noted that Jordanian legislation does not fully implement precepts of Islamic law such as prohibition of interest or insurance. There are banks and insurance companies in Jordan which operate according to Western principles of banking and insurance. The companies and banks in Jordan are free to operate in the mode they choose to be most efficient for them. There is no hindrance on the part of Jordanian government in this sense. Defining Islamic Law There is no single or unified definition of Islamic law. Various scholars offer various definitions. I shall not go into each definition offered but shall arbitrarily explicate some of them. One of the famous scholars of Islamic law, Joseph Schacht offered an interesting definition for Islamic law: â€Å"Islamic law is the epitome of the Islamic spirit, the most typical manifestation of the Islamic way of life, the kernel of Islam itself†. Goitein, it seems, offered more precise and comprehensive definition: â€Å"Islamic religion is characterised by the prominence of legal conceptions in its systems: The Sharia, or holy law, is its very essence and Fiqh, or religious jurisprudence, is its science (‘ilm) par excellence. The minute observation of many commandments is its most conspicuous practical aspect; the free fellowship of religious scholars, who do not need authorisation by any government to interpret, develop and apply its law, is its most representative body, and even purely legal sections of the Fiqh are studied as an act of worship†. These two definitions are not exhaustive but reflect true essence of Islamic law. Schachts ‘way of life and Goiteins ‘religious jurisprudence constitute what is called Shariah in Arabic. Moreover, Islamic law cannot be compared with common or continental legal systems. It is because latter do deal and embrace all areas of law, whereas Islamic law mostly deal with private law, leaving aside public law. Therefore, the claim of some countries that since their legislation is based on Shariah, their law is being regulated by divine law is not correct. The Shariah only applies to matters of private law in these countries and the public law has been imported from Western models. The majority of scholars have long been recognizing Quran as a major source of Islamic law, sometimes without examining what it stands for. It was Schacht who first suggested that Shafii, prominent Islamic jurist, paid merely lip-service to Quran as a source of law in his jurisprudential theory. Certainly, major principles of Islamic law has been deducted from Quran but it is only a major and in a number of cases, we discover that Muslim jurists are dependant or totally reliant on other sources rather than Quran without hesitation. The holy book of Islam or Muslims all over the world, Quran is believed by Muslims to have been revealed via Archangel Gabriel to Muhammad, who is regarded by Muslims as both Prophet and Messenger of God. Quran is law but law in a spiritual sense. If you ask a Muslim: What is your law (Sharia)? He or she would respond: â€Å"Quran† without realizing whether it is spiritual or actual law. For the purposes of present study, Quran is a source of law but to a limited extent since a major proportion of rules and judgments is being extracted from other sources of law and via different methods of legal reasoning. It is not however realized by ordinary Muslim as such, and even by Muslim jurist, who would suggest that sources for such rulings is Sharia and all rules, embodied in Sharia are immutable and should not be a subject of any challenge by anyone. Before turning to critical points, it is crucial to explore basics of Quran. Quran is the holy book of Islamic religion. It is said to have been revealed during 23 years, once Prophet Muhammed started his mission among Arab people. The Quran derives from the word ‘qara which denotes in Arabic, reciting or reading. It is also asserted that with a same meaning it is cited in Old Testament in Hebrew language. There are other names which are designed for Quran, such as ‘Quran al-Majid or ‘al-Quran ash-Sharif or ‘Furqan, etc. For the purpose of present study, it shall be called Quran, which is rather easy to refer and this way we shall avoid confusion. The divine legislation is said to have been established through revelation of Quran in stages as I have mentioned earlier. The modern scholars as well as classic jurists were still unsure about precise role of Quran as a source of legislation. It is not clear whether the role of Quran corresponds to the hierarchy where it has been hoisted to the primary position. In fact, Quran has never been a primary source as we understand a primacy in modern jurisprudence. Muslim jurists would often rule according to verse of Quran but not a principle or spirit that it implies. They would pay a lip-service to Quran as a source of all legislation, but in fact they would disregard those rules of Quran that should have been regarded in specific occasion. The precise role of Quran is difficult to define; it is because the primacy of Quran has been overshadowed by other sources and methods of law. Quran has always been mentioned along with Sunna, second sources of Islamic law which we shall have occasion to discuss in the next paragraph. In order to demonstrate the position of Quran as a source of law, let us look at some examples of utilization of Quran in classic Islamic jurisprudence. The Prophetic Traditions or hadith as called in Arabic form a second source of law in hierarchy of sources of Islamic law and jurisprudence. It does not only occupy this position indeed but sometimes shares dominancy with Quran. The difference that emerged between Muslim jurists and later led to establishment of schools of law was caused by diverging interpretation of Prophetic Tradition. From liberal approach of Hanafis to strict compliance of Zahiris, they all dispute on nature of Prophetic Traditions as a source of law. Sometimes their conflict went as far as one realise that it is rather absurdity than logical argument. The word ‘ijma, which is basically translated as ‘collecting or ‘assembling, in a legal sense has caused a lot of debates over its validity. It is sometimes viewed as a consensus of either jurists or Muslims in general. Some assert that it is consensus of early Muslims Companions over common postulates of faith and religion. The consensus might be reached if it is unanimously adopted in practice or ‘custom as in the case of international law. Second, consensus might be uttered in respect of certain ruling by majority of either scholars or jurists. Finally, it can be ‘e silentio support for certain opinion by majority of jurists that have the right to adjudicate their independent opinion. It is not clear from Islamic jurisprudential theory when ijma should be employed and what certain conditions are. Some jurists, Hanafi, for instance, usually in their judgments, say ‘there has been consensus on this issue or ‘question but they never clarified how and why such consensus has been reached among them. We also do not know whether we may employ ijma concept in modern context and whether it shall be binding on all Muslims or adopted by them as a constituent part of Islamic law. In Sunni jurisprudence, we know that by way of ijma, certain jurists united into groups affiliated with dominating opinion of single jurist, which later became known as ‘schools of law or ‘madhahib. It has also been asserted that ijma on common legal issues has been reached in eighth century by respective founders of ‘madhahib; there is no way to re-visit these concepts or judgments. When speaking of analogy principle in Islamic law, it is not clear whether it is absolute or not or whether it is logically applicable to all cases. The word ‘qiyas itself means ‘to compare and it is regarded as one of the major sources of Islamic law. Islamic jurists themselves stipulate four predominant conditions of analogy: The precept or practice upon which it is founded must be of common (amm) and not of special (khass) application; The cause (‘illa) of the injunction must be known and understood; The decision must be based upon either the Quran, the Sunna, or the Ijma; The decision arrived at must not be contrary to anything declared elsewhere in the Quran and Sunna. The fourth stipulation raises some concerns. As we have discussed earlier, there are a lot of contradictions between Quran and Sunna, and even within Quran and within Sunna. The jurists attempted to decide such contradictions by asserting that there cannot be hypothetically any conflicts between these sources and even within these sources; they exist and it is reality. This factor also serves as a great hindrance in deriving rules or judgments from primary sources of Islamic law. Even though these rules has been developed and elaborated by jurists; there are still a lot of controversies with application of this principle. It is caused by a different degree of application in schools of law and conflict between jurists whether such analogy might be applied when the necessity in such application is clear. Thus, for instance, it is not clear why principle of justice embodied in Quran might not be equally applied to all subjects of Islamic state, be it Muslim or non-Muslim. Normally, Islamic jurist would object saying that since Quran is only for Muslims, its injunctions are only applicable to Muslims. There is no logic which might be applied but incoherence in reasoning, sometimes leading to absurd conclusions. Concluding Remarks In present chapter, we have discussed general legal conceptions that exist in Jordanian and Islamic law. There is a big difference between them because of the nature of legislation. Islamic law is mainly religious, whereas Jordanian is secular; even though Constitution claims that Islamic is a state religion. In majority of Islamic countries, a fact that Islamic is a religion of state is merely lip-service to Islamic as a religion of people. It does not go further than that, except some countries as Iran, Pakistan and Saudi Arabia. But even legislation of these countries demonstrates how secular they are in their nature. It does not however mean that Jordan lack of Islamic legal taste; there are some aspects of Islamic law in Jordanian legislation, as we have seen previously. The matters of marriage, divorce, inheritance and religious endowment are mainly under realms of Islamic law. Yet, on the other hands, similar matters that arise with other religious communities are decided based on their respective religious law. However, the matters which are related to arbitration and intellectual property are mainly based on secular, precisely on European model based laws. Therefore, purpose of forthcoming chapters will be to examine whether they comply with Islamic law in general. Arbitration System In Jordan And Compliance With Islamic Law And Its Implications For Intellectual Property Law This chapter summarizes the current state of arbitration system in Jordan and issue of its compliance with Islamic law. It is done with purpose to acquaint readers with main aspects of these systems and legislation, so he or she has full understanding when looking through forthcoming chapters. Arbitration In Jordan The arbitration process in Jordan is being regulated by special law Law No. 31 of 2001 otherwise called Jordan Arbitration Law. It is not unique; neither has it been adopted from international law, but from Egyptian Arbitration Act No. 27 of 1994, which in turn has been adopted from UNCITRAL Model Law 1985. The law consists of 7 parts and 56 articles. It can be structured thus: (1) General provisions (Articles 1-8); (2) Arbitration agreement (Articles 9-13); (3) Arbitration tribunal (Articles 14-23); (4) Arbitration proceedings (Articles 24-35); (5) Arbitral award and termination proceedings (Articles 36-47); (6) Nullity of arbitral award (Articles 48-51); (7) Enforcement of awards (Articles 52-56). The Art. 3 makes the scope of law absolute; it extends to any arbitration proceedings in Jordan and to any cases whether they derive from contractual dispute or not. Neither does it differentiate between commercial or civil disputes; both of them are within scope of this law. The Art. 5 allows not only contracting parties to choose the arbitration procedure but also a third party which shall be able to choose such procedure. The Art. 8 explicitly prohibits the intervention by state courts; yet, it stipulates that the arbitration tribunal may ask the intervention of state courts where former needs the participation of experts, witnesses, etc. As far as arbitration agreement is concerned, Art. 9 allows only those persons, be it physical or legal, which has legal capacity, to conclude such agreement. It does not allow arbitration on matters which are on â€Å"amiable compositeaur† basis. The arbitration agreement is valid only if in writing, according to Art. 10a, yet, the form of written agreement is flexible. It can be contained in exchange of letters, faxes, etc. It has been also reaffirmed by Jordanian Court of Cassation which stated: â€Å"the arbitration clause as established should be written, clear and explicit as well, by virtue of Article 10/A of the Arbitration Law No. 31of 2001†. The law also allows parties to render their dispute to arbitration whilst in state court, in which case state court has the right to refer to arbitration tribunal and its reference shall be viewed as arbitration agreement in writing. As far as arbitration tribunal concerned, Art. 14a and b, establishes that number of arbitrators shall be odd, otherwise it is void. If there is a disagreement between parties then number of arbitrators is three. Noteworthy, the law reaffirms the independence of arbitration clause, which is according to Art. 22, is not dependent on other clause of underlying contract. The language of arbitration proceedings is Arabic but law allows the use of another language or other languages upon consent of parties, according to Art. 28a. Most importantly, Art. 17 upheld the principle of impartiality and independence of arbitrators and in elaboration of this provision Court of Cassation further held: â€Å"all arbitral procedures, in which the challenged arbitrator has participated, including the arbitral award, shall be deemed void†. These are the major aspects of arbitration law in Jordan. Besides, Jordan has also ratified the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards by the virtue of Jordanian Court of Cassation, where it was remarked: â€Å"It is understood from the Article (2) of Enforcement of Foreign Judgments Law No. 8 of 1952 that the foreign arbitral award which has been enforced and ratified by the forum court , shall be enforceable in Jordan in accordance with all the clauses and requirements, and does not conflict with any of the stipulated provisions of Article (7) of the said law†. The ratification of New York Convention by Jordan should be viewed as positive development and attractive for the foreign companies who wish to deal with Jordanian companies or invest in Jordan. The same applies to IP disputes; any company which would challenge Jordanian company with the claim of breach of copyright or violation of other forms of intellectual property, are in convenience in the view of ratification of New York Convention. However, in his study of issues pertaining enforcement, Haddad critically commented: â€Å"Turning again to Jordanian Law which provides, as has just been seen, that a foreign award must be enforceable in the place in which it was issued, which means that the award should have been reduced to a judgment in the foreign country†. It implies that Jordanian legislation does not recognise validity of foreign judgement as enforceable in Jordan. But he noted that â€Å"this approach may be criticized since it may be difficult in practice or even impossible to achieve this goal in certain circumstances, particularly in institutional arbitration. In this type of arbitration, it may happen that the parties involved in the proceedings including the arbitrators, and all other relevant factors have no relation whatsoever with the place of arbitration except that the proceedings were conducted there. In such a case, the foreign court may reasonably reject to enforce the award rendered in its country, and that means that the award may not be enforced in Jordan either†. In such dubious situation, it is unclear how Jordanian legislation on arbitration would cope with this kind of problem. It seems to be paradoxical situation because award cannot be enforced either domestically or locally. It will also have some implication for enforcement of foreign arbitral awards on intellectual property rights since majority of arbitral awards may not be enforced in foreign country since its enforcement should be accomplished in Jordan because of object of dispute. In such case, it is difficult to predict how arbitration courts and moreover state courts would deal with it. Enforcement Of Foreign Arbitration Awards In Jordan One of the problems that foreign company may encounter in Jordan is the problem of enforcement of award related to IP cases in Jordan. It is clear that certain IP cases may intervene with public policy and in this regard it is nearly impossible to assert such possibility may not arise. IP legislation in Jordan being in immature position sometimes may not offer effective solutions for parties which are from different countries. In this regard, one should closely take a look at public policy issues in Jordan. According to IP legislation, certain names cannot be registered as trademarks in Jordan. However: what if the name of foreign company or brand coincides with the name trademark registration of which is illegal in Jordan? The company in this case would face difficulties in carrying out business and moreover it would face difficulties in enforcing award that has been rendered in foreign or international arbitration court. The case of Mitsubishi in U.S. showed how difficult it is to determine whether one case is subject to public policy or not. It has changed the contours of arbitrability in U.S. but the question arises: can such case have implication for Jordanian arbitration system? One can answer positively, but one would be confused when it comes to IP arbitration. IP arbitration, as it has been seen, is a difficult and complex matter. It cannot be simply adjusted as in the case of ordinary commercial arbitration. The IP legislation is diverse and this diversity may imply negative consequences for arbitration, since arbitrators should be expertise in all areas Islamic Law And Its Impact On Arbitration Of Ip Cases Islamic Law And Its Impact On Arbitration Of Ip Cases Islamic Law And Its Impact On Arbitration Of Ip Cases In Middle East With Special Reference To Jordan Introduction The law of intellectual property is one of the areas of law that has emerged in Jordan relatively recently. The reasons for such late emergence of intellectual property law in Jordan are that there were no sufficient conditions for development of this area of law in this jurisdiction. Due to this fact, courts in Jordan were hardly able to decide such cases because of their complexity and lack of necessary skills and knowledge of judges in respected area of law. It is for this reason it seems that Jordanian legal practitioners saw the necessity of establishing courts which would adjudicate such cases. The law of intellectual property is one of the areas that pose several challenges to trade area, where sellers of unauthorized products or products which breach intellectual property rights are widespread. It is inevitable truth of most Arab countries and in this respect it seems that position of intellectual property legislation saw its goal. Some would ask: Why would Jordan need intellectual property law at all? It does not have such potential in order to enforce such complicated legislation and procedures. The answer lies in increasing importance of Jordan as a financial and trade center of Middle East, which would compete and challenge such centers as U.A.E. and Qatar. In order to ensure such position in market, Jordan, first, has to ensure that legislation is in harmony with international trade and financial legislation. Amidst them, intellectual property law, if not most important, but occupies significant place to such an extent that it has to increase awareness and skills in this area. Simultaneously, one of the important and flexible methods of alternative dispute resolution as arbitration has to play here crucial role. Arbitration is one of the areas of alternative dispute resolution, necessity of which has increased along with globalization of international trade. It has been seen as one of the areas which can significantly simplify international trade procedure without bringing unsolvable complexities into the business which has already gone into complexities. The arbitration of cases related to intellectual property is different and complicated matter, which cannot be explained with reference to arbitration of normal and common cases that emerge in the course of international or local trade. It requires lawyers which are not only fluent but also skilled in matters of IP law and practice. Such lawyers, the amount of which is few in Jordan, can be and should be trained in this area in order to ensure the integrity of arbitration procedures in IP cases. As a rule, majority of companies and lawyers cannot trust to state courts, which would consider intellectual property cases along with ordinary cases and are subject to inevitable error by doing incorrect analogies in decision of such cases. Usually parties which address their cases to state courts are usually unsatisfied not only with level of knowledge of judges in intellectual property cases but also with complexity of procedure. In this sense, one should realize the importance of arbitration methods for adjudication of intellectual property cases. Jordan, it seems, have realized the serious threat posed by this problem and have taken number of measures in order to respond to this challenges. One of the notable measures is certainly sending law students abroad in order to prepare future judges specialized on intellectual property disputes. This has been done effectively and majority of students are in prominent institutions which are really strong in this area of law. Second is creation of respective legislation in this area, yet there are some gaps which are inevitable and these gaps should be filled in order to harmonize Jordanian legislation in the field of arbitration and IP law. Jordan has examples to learn from and it is its closest neighbors such as U.A.E., Qatar and Bahrain. These countries have foremost skills and experience in these fields of law. It is not only explained by abundance of their experts but also rapid expansion of their economies and integration into the world economy. In this respect, Jordan is in more convenient position than other countries since even the culture of its neighbors is identical to Jordan. The similarity in culture and tradition is one of the factors that make harmonization of Jordanian IP legislation much easier and painless. Besides, the lack of experience and knowledge not only in IP law, but also in arbitration process in IP case makes Jordan vulnerable to the challenge posed by the legal world of these neighbors. It is for this reason; the necessity of this dissertation is realized. There is also Islamic factor that raises issue. Since Jordanian constitution recognizes Islam as a religion of state and due to historical circumstances when Islamic law dominated Jordan for centuries, it raises question: Has Islamic law influenced emergence and development of arbitration in Jordan as well as of intellectual property law? In this respect, Akhtar remarked: â€Å"there exist considerable variations in the Middle East on the incorporation and application of arbitration laws and the practice and procedure in enforcing arbitral awards, which are complicated further by the differing interaction between Sharia law and Western systems of law in each country†. Therefore, the major goal of this dissertation is to examine whether Islamic legal principles in fact had an impact on development of arbitration and intellectual property law in Jordan. It will be tested on the basis of case related to IP law decided in arbitration courts of Jordan. The importance of this topic is realized in the context of rising importance of Jordan as emerging economic and financial leader in Middle East. It is also realized due to the fact that Islamic law is a dominant system in contemporary Middle East. This dissertation consists of four parts: (i) first chapter briefly examines the basic tenets of Islamic law; (ii) second chapter briefly examines arbitration system in Jordan; (iii) third chapter briefly analyses intellectual property law in Jordan; and (iv) final chapter, an important one scrutinizes Jordanian intellectual property disputes arbitration for compliance with Islamic law. Overview Of Jordanian And Islamic Law Jordan is one of the countries in the world that inherited several features of different legislations at a time. One of the major influences was Ottoman legislation, since Jordan was under their dominancy for almost 700 years. In this respect, it can be said that it has been influence not only by Islamic law, which was the law of Ottoman empire but also by features of unique Ottoman law, which coexisted in one line with Islamic law. Legislation And Judicial System In Jordan Once Jordan became a subject of European colonization in 19 century, it inevitably embraced some features of European legislation. Yet, at present time, Jordanian legislation is surprising mixture of European and Islamic elements. The system of government in Jordan is parliamentary monarchy. Yet, it should be noted that monarchy in Jordan is almost absolute since all powers are vested in the King of Jordan who is considered to be direct descendant of Prophet Muhammad (S.A.V.) As in other countries of the world, the power in Jordan is divided into three branches, namely, legislative, executive and judicial. However, unlike other countries King may interfere within functioning of legislative power or other in order to ensure his absolute status. The constitution of Jordan openly declares Islam as the religion of state. However, upon the close examination of Jordanian legislation, one cannot call it Islamic state since it contains elements which are contrary to Islamic legal principles. Unlike Saudi constitution which declares Islam as a source of law, Jordan constitution declares Islam only as a religion of state. It is, however, not clear what it implies. Nonetheless, one can see the consequences of Islam being declared as a religion of state, in the legal system, where there is duality of courts. Jordanian courts are divided into secular and religious courts. While religious courts are not only Islamic but also ecclesial or Christian courts, which are free to decide family matters of their respective religious communities. The competence of religious courts, including Islamic, are not extended to the matters of commercial and administrative law. Therefore, matters pertaining to commercial or administrative law are decided in secular courts. Officially, Jordanian constitution declares that there are three types of courts: (i) civil courts; (ii) religious courts; and (iii) special courts. Yet, civil courts also hear criminal cases along with civil cases and cases of administrative field. Religious courts are divided into Islamic and courts of other non-Muslim communities. Both of them hear cases within scope of their competence. It is interesting that Sharia courts also hear cases which are related to the compensation of blood money where one of the parties are not Muslims. Compensation of blood-money, otherwise called diya, is one of the old features of Islamic criminal law and it is surprising that it is not in competence of secular courts but religious. The constitution does not define how special courts function, leaving this matter to the law. Yet, there are tribunals which are designed to interpret law and one of them is High Tribunal, the purpose of which to interpret constitution when required by government. It is also necessary to provide brief overview about Shari ‘a, which occupies significant position in Jordanian legislation. Sharia, otherwise called Islamic law, is one of the ancient systems of law that has been preserved since 7 century A.D. with some modifications. The sources of Sharia, according to Muslim belief, are Quran and Sunna. First being Holy Book of Islamic religion and second are traditions or precedents of Prophet of Islam. Besides, official Islamic dogma declares that Islamic jurisprudence functions according to four sources of law, Quran, Sunna, ijma and qiyas. Ijma, otherwise called consensus is being interpreted differently by four schools of Islamic law and same goes with qiyas, which is otherwise called analogy. Four schools of Islamic law that has emerged at different periods of time during first century of Islam, mainly diverge upon interpretation of major or secondary sources of Islamic law. Islamic law does not recognize freedom of contract and prohibits such elements of trade and economy as charging interest, fortuity and gambling. In order to comply with these principles, Islamic lawyers has developed certain methods and forms which would allow Muslim to operate in one or another way in business world. One of the remarkable features of new Islamic jurisprudence is creation of Islamic banking, which replaces interest with profit-and-loss sharing concept, Islamic insurance that operates in almost similar fashion and other new concepts as Islamic bonds, otherwise called sukkuk. As far as intellectual property concerned, Islamic law protects inviolability of property as well as its manifestations in different forms. The same applies to any form of intellectual property, be it trademark or invention. Arbitration in Islamic law is unique, since arbitration has been inherent to Arab culture and was called hakama. Hakams were arbitrators in ancient Arabia and judged according to Arab customs and traditions. Therefore, there is nothing new in arbitration which is not familiar to Islamic lawyers. In last century, the position of Islamic law in disputes that were decided in arbitration courts was widely ignored. It is evident from several cases. In Petroleum Development (Trucial Coasts) Ltd. V. Shaikh of Abu Dhabi, Lord Asquith, the arbitrator ironically observed: â€Å"†¦it would be fanciful to suggest that in this very primitive region there is any settled body of legal principles applicable to the construction of modern commercial instruments†. Another remark, done by arbitrator in Ruler of Qatar v. International Marine Oil Company Ltd., was bitterer and arrogant: â€Å"†¦I am satisfied that the [Islamic] law does not contain any principles which would be sufficient to interpret this particular contract†. Such excesses and bitter remarks were summed up and characterized in the following terms: â€Å"In general, the legal community throughout the Arab world is still manifesting its hostility to transnational arbitration mainly as a result of the great publicity devoted to the criticism of certain unfortunate arbitral awards rendered as of 1951 by western arbitrators who excluded, with terms of a humiliating nature, the application of the national applicable legal systems of countries like Abu Dhabi or Qatar†. It should be also noted that Jordanian legislation does not fully implement precepts of Islamic law such as prohibition of interest or insurance. There are banks and insurance companies in Jordan which operate according to Western principles of banking and insurance. The companies and banks in Jordan are free to operate in the mode they choose to be most efficient for them. There is no hindrance on the part of Jordanian government in this sense. Defining Islamic Law There is no single or unified definition of Islamic law. Various scholars offer various definitions. I shall not go into each definition offered but shall arbitrarily explicate some of them. One of the famous scholars of Islamic law, Joseph Schacht offered an interesting definition for Islamic law: â€Å"Islamic law is the epitome of the Islamic spirit, the most typical manifestation of the Islamic way of life, the kernel of Islam itself†. Goitein, it seems, offered more precise and comprehensive definition: â€Å"Islamic religion is characterised by the prominence of legal conceptions in its systems: The Sharia, or holy law, is its very essence and Fiqh, or religious jurisprudence, is its science (‘ilm) par excellence. The minute observation of many commandments is its most conspicuous practical aspect; the free fellowship of religious scholars, who do not need authorisation by any government to interpret, develop and apply its law, is its most representative body, and even purely legal sections of the Fiqh are studied as an act of worship†. These two definitions are not exhaustive but reflect true essence of Islamic law. Schachts ‘way of life and Goiteins ‘religious jurisprudence constitute what is called Shariah in Arabic. Moreover, Islamic law cannot be compared with common or continental legal systems. It is because latter do deal and embrace all areas of law, whereas Islamic law mostly deal with private law, leaving aside public law. Therefore, the claim of some countries that since their legislation is based on Shariah, their law is being regulated by divine law is not correct. The Shariah only applies to matters of private law in these countries and the public law has been imported from Western models. The majority of scholars have long been recognizing Quran as a major source of Islamic law, sometimes without examining what it stands for. It was Schacht who first suggested that Shafii, prominent Islamic jurist, paid merely lip-service to Quran as a source of law in his jurisprudential theory. Certainly, major principles of Islamic law has been deducted from Quran but it is only a major and in a number of cases, we discover that Muslim jurists are dependant or totally reliant on other sources rather than Quran without hesitation. The holy book of Islam or Muslims all over the world, Quran is believed by Muslims to have been revealed via Archangel Gabriel to Muhammad, who is regarded by Muslims as both Prophet and Messenger of God. Quran is law but law in a spiritual sense. If you ask a Muslim: What is your law (Sharia)? He or she would respond: â€Å"Quran† without realizing whether it is spiritual or actual law. For the purposes of present study, Quran is a source of law but to a limited extent since a major proportion of rules and judgments is being extracted from other sources of law and via different methods of legal reasoning. It is not however realized by ordinary Muslim as such, and even by Muslim jurist, who would suggest that sources for such rulings is Sharia and all rules, embodied in Sharia are immutable and should not be a subject of any challenge by anyone. Before turning to critical points, it is crucial to explore basics of Quran. Quran is the holy book of Islamic religion. It is said to have been revealed during 23 years, once Prophet Muhammed started his mission among Arab people. The Quran derives from the word ‘qara which denotes in Arabic, reciting or reading. It is also asserted that with a same meaning it is cited in Old Testament in Hebrew language. There are other names which are designed for Quran, such as ‘Quran al-Majid or ‘al-Quran ash-Sharif or ‘Furqan, etc. For the purpose of present study, it shall be called Quran, which is rather easy to refer and this way we shall avoid confusion. The divine legislation is said to have been established through revelation of Quran in stages as I have mentioned earlier. The modern scholars as well as classic jurists were still unsure about precise role of Quran as a source of legislation. It is not clear whether the role of Quran corresponds to the hierarchy where it has been hoisted to the primary position. In fact, Quran has never been a primary source as we understand a primacy in modern jurisprudence. Muslim jurists would often rule according to verse of Quran but not a principle or spirit that it implies. They would pay a lip-service to Quran as a source of all legislation, but in fact they would disregard those rules of Quran that should have been regarded in specific occasion. The precise role of Quran is difficult to define; it is because the primacy of Quran has been overshadowed by other sources and methods of law. Quran has always been mentioned along with Sunna, second sources of Islamic law which we shall have occasion to discuss in the next paragraph. In order to demonstrate the position of Quran as a source of law, let us look at some examples of utilization of Quran in classic Islamic jurisprudence. The Prophetic Traditions or hadith as called in Arabic form a second source of law in hierarchy of sources of Islamic law and jurisprudence. It does not only occupy this position indeed but sometimes shares dominancy with Quran. The difference that emerged between Muslim jurists and later led to establishment of schools of law was caused by diverging interpretation of Prophetic Tradition. From liberal approach of Hanafis to strict compliance of Zahiris, they all dispute on nature of Prophetic Traditions as a source of law. Sometimes their conflict went as far as one realise that it is rather absurdity than logical argument. The word ‘ijma, which is basically translated as ‘collecting or ‘assembling, in a legal sense has caused a lot of debates over its validity. It is sometimes viewed as a consensus of either jurists or Muslims in general. Some assert that it is consensus of early Muslims Companions over common postulates of faith and religion. The consensus might be reached if it is unanimously adopted in practice or ‘custom as in the case of international law. Second, consensus might be uttered in respect of certain ruling by majority of either scholars or jurists. Finally, it can be ‘e silentio support for certain opinion by majority of jurists that have the right to adjudicate their independent opinion. It is not clear from Islamic jurisprudential theory when ijma should be employed and what certain conditions are. Some jurists, Hanafi, for instance, usually in their judgments, say ‘there has been consensus on this issue or ‘question but they never clarified how and why such consensus has been reached among them. We also do not know whether we may employ ijma concept in modern context and whether it shall be binding on all Muslims or adopted by them as a constituent part of Islamic law. In Sunni jurisprudence, we know that by way of ijma, certain jurists united into groups affiliated with dominating opinion of single jurist, which later became known as ‘schools of law or ‘madhahib. It has also been asserted that ijma on common legal issues has been reached in eighth century by respective founders of ‘madhahib; there is no way to re-visit these concepts or judgments. When speaking of analogy principle in Islamic law, it is not clear whether it is absolute or not or whether it is logically applicable to all cases. The word ‘qiyas itself means ‘to compare and it is regarded as one of the major sources of Islamic law. Islamic jurists themselves stipulate four predominant conditions of analogy: The precept or practice upon which it is founded must be of common (amm) and not of special (khass) application; The cause (‘illa) of the injunction must be known and understood; The decision must be based upon either the Quran, the Sunna, or the Ijma; The decision arrived at must not be contrary to anything declared elsewhere in the Quran and Sunna. The fourth stipulation raises some concerns. As we have discussed earlier, there are a lot of contradictions between Quran and Sunna, and even within Quran and within Sunna. The jurists attempted to decide such contradictions by asserting that there cannot be hypothetically any conflicts between these sources and even within these sources; they exist and it is reality. This factor also serves as a great hindrance in deriving rules or judgments from primary sources of Islamic law. Even though these rules has been developed and elaborated by jurists; there are still a lot of controversies with application of this principle. It is caused by a different degree of application in schools of law and conflict between jurists whether such analogy might be applied when the necessity in such application is clear. Thus, for instance, it is not clear why principle of justice embodied in Quran might not be equally applied to all subjects of Islamic state, be it Muslim or non-Muslim. Normally, Islamic jurist would object saying that since Quran is only for Muslims, its injunctions are only applicable to Muslims. There is no logic which might be applied but incoherence in reasoning, sometimes leading to absurd conclusions. Concluding Remarks In present chapter, we have discussed general legal conceptions that exist in Jordanian and Islamic law. There is a big difference between them because of the nature of legislation. Islamic law is mainly religious, whereas Jordanian is secular; even though Constitution claims that Islamic is a state religion. In majority of Islamic countries, a fact that Islamic is a religion of state is merely lip-service to Islamic as a religion of people. It does not go further than that, except some countries as Iran, Pakistan and Saudi Arabia. But even legislation of these countries demonstrates how secular they are in their nature. It does not however mean that Jordan lack of Islamic legal taste; there are some aspects of Islamic law in Jordanian legislation, as we have seen previously. The matters of marriage, divorce, inheritance and religious endowment are mainly under realms of Islamic law. Yet, on the other hands, similar matters that arise with other religious communities are decided based on their respective religious law. However, the matters which are related to arbitration and intellectual property are mainly based on secular, precisely on European model based laws. Therefore, purpose of forthcoming chapters will be to examine whether they comply with Islamic law in general. Arbitration System In Jordan And Compliance With Islamic Law And Its Implications For Intellectual Property Law This chapter summarizes the current state of arbitration system in Jordan and issue of its compliance with Islamic law. It is done with purpose to acquaint readers with main aspects of these systems and legislation, so he or she has full understanding when looking through forthcoming chapters. Arbitration In Jordan The arbitration process in Jordan is being regulated by special law Law No. 31 of 2001 otherwise called Jordan Arbitration Law. It is not unique; neither has it been adopted from international law, but from Egyptian Arbitration Act No. 27 of 1994, which in turn has been adopted from UNCITRAL Model Law 1985. The law consists of 7 parts and 56 articles. It can be structured thus: (1) General provisions (Articles 1-8); (2) Arbitration agreement (Articles 9-13); (3) Arbitration tribunal (Articles 14-23); (4) Arbitration proceedings (Articles 24-35); (5) Arbitral award and termination proceedings (Articles 36-47); (6) Nullity of arbitral award (Articles 48-51); (7) Enforcement of awards (Articles 52-56). The Art. 3 makes the scope of law absolute; it extends to any arbitration proceedings in Jordan and to any cases whether they derive from contractual dispute or not. Neither does it differentiate between commercial or civil disputes; both of them are within scope of this law. The Art. 5 allows not only contracting parties to choose the arbitration procedure but also a third party which shall be able to choose such procedure. The Art. 8 explicitly prohibits the intervention by state courts; yet, it stipulates that the arbitration tribunal may ask the intervention of state courts where former needs the participation of experts, witnesses, etc. As far as arbitration agreement is concerned, Art. 9 allows only those persons, be it physical or legal, which has legal capacity, to conclude such agreement. It does not allow arbitration on matters which are on â€Å"amiable compositeaur† basis. The arbitration agreement is valid only if in writing, according to Art. 10a, yet, the form of written agreement is flexible. It can be contained in exchange of letters, faxes, etc. It has been also reaffirmed by Jordanian Court of Cassation which stated: â€Å"the arbitration clause as established should be written, clear and explicit as well, by virtue of Article 10/A of the Arbitration Law No. 31of 2001†. The law also allows parties to render their dispute to arbitration whilst in state court, in which case state court has the right to refer to arbitration tribunal and its reference shall be viewed as arbitration agreement in writing. As far as arbitration tribunal concerned, Art. 14a and b, establishes that number of arbitrators shall be odd, otherwise it is void. If there is a disagreement between parties then number of arbitrators is three. Noteworthy, the law reaffirms the independence of arbitration clause, which is according to Art. 22, is not dependent on other clause of underlying contract. The language of arbitration proceedings is Arabic but law allows the use of another language or other languages upon consent of parties, according to Art. 28a. Most importantly, Art. 17 upheld the principle of impartiality and independence of arbitrators and in elaboration of this provision Court of Cassation further held: â€Å"all arbitral procedures, in which the challenged arbitrator has participated, including the arbitral award, shall be deemed void†. These are the major aspects of arbitration law in Jordan. Besides, Jordan has also ratified the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards by the virtue of Jordanian Court of Cassation, where it was remarked: â€Å"It is understood from the Article (2) of Enforcement of Foreign Judgments Law No. 8 of 1952 that the foreign arbitral award which has been enforced and ratified by the forum court , shall be enforceable in Jordan in accordance with all the clauses and requirements, and does not conflict with any of the stipulated provisions of Article (7) of the said law†. The ratification of New York Convention by Jordan should be viewed as positive development and attractive for the foreign companies who wish to deal with Jordanian companies or invest in Jordan. The same applies to IP disputes; any company which would challenge Jordanian company with the claim of breach of copyright or violation of other forms of intellectual property, are in convenience in the view of ratification of New York Convention. However, in his study of issues pertaining enforcement, Haddad critically commented: â€Å"Turning again to Jordanian Law which provides, as has just been seen, that a foreign award must be enforceable in the place in which it was issued, which means that the award should have been reduced to a judgment in the foreign country†. It implies that Jordanian legislation does not recognise validity of foreign judgement as enforceable in Jordan. But he noted that â€Å"this approach may be criticized since it may be difficult in practice or even impossible to achieve this goal in certain circumstances, particularly in institutional arbitration. In this type of arbitration, it may happen that the parties involved in the proceedings including the arbitrators, and all other relevant factors have no relation whatsoever with the place of arbitration except that the proceedings were conducted there. In such a case, the foreign court may reasonably reject to enforce the award rendered in its country, and that means that the award may not be enforced in Jordan either†. In such dubious situation, it is unclear how Jordanian legislation on arbitration would cope with this kind of problem. It seems to be paradoxical situation because award cannot be enforced either domestically or locally. It will also have some implication for enforcement of foreign arbitral awards on intellectual property rights since majority of arbitral awards may not be enforced in foreign country since its enforcement should be accomplished in Jordan because of object of dispute. In such case, it is difficult to predict how arbitration courts and moreover state courts would deal with it. Enforcement Of Foreign Arbitration Awards In Jordan One of the problems that foreign company may encounter in Jordan is the problem of enforcement of award related to IP cases in Jordan. It is clear that certain IP cases may intervene with public policy and in this regard it is nearly impossible to assert such possibility may not arise. IP legislation in Jordan being in immature position sometimes may not offer effective solutions for parties which are from different countries. In this regard, one should closely take a look at public policy issues in Jordan. According to IP legislation, certain names cannot be registered as trademarks in Jordan. However: what if the name of foreign company or brand coincides with the name trademark registration of which is illegal in Jordan? The company in this case would face difficulties in carrying out business and moreover it would face difficulties in enforcing award that has been rendered in foreign or international arbitration court. The case of Mitsubishi in U.S. showed how difficult it is to determine whether one case is subject to public policy or not. It has changed the contours of arbitrability in U.S. but the question arises: can such case have implication for Jordanian arbitration system? One can answer positively, but one would be confused when it comes to IP arbitration. IP arbitration, as it has been seen, is a difficult and complex matter. It cannot be simply adjusted as in the case of ordinary commercial arbitration. The IP legislation is diverse and this diversity may imply negative consequences for arbitration, since arbitrators should be expertise in all areas